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If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.
The attorney shall file and serve a Notice of Intent To Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent To Withdraw.
This process is called "Consensual Substitution of Counsel." A new attorney may replace the current attorney. A new attorney may now represent a client who previously was a self-represented party.
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2000.)
Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
Discussion The current rule of court concerning motions to be relieved as counsel requires that an attorney seeking to withdraw serve the notice, motion, and declaration on the client and all other parties who have appeared in the action. (Cal. Rules of Court, rule 3.1362(d), Service.)
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
The Rules of Professional Conduct of the State Bar of California (?Rules of Conduct?) specify three circumstances under which an attorney must terminate a client relationship: (1) where the attorney knows or reasonably should know that a client is bringing an action, conducting a defense, asserting a position in ...